REX v ALFIE COOK

REX v ALFIE COOK

The proper approach to sentencing intentional strangulation is to start at 18 months' custody, uplifted for aggravating factors such as offending while on bail, history of violence, presence of a child, attack in victim's home, and abuse of power; mitigating factors include age and efforts at rehabilitation. The judge's sentence was not manifestly excessive and was, if anything, lenient.

Parties
Respondent: Rex; Appellant: Alfie Cook
Jurisdiction
England and Wales
Judgment Date
04 April 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Sentencing, Domestic Abuse, Intentional Strangulation
Criminal Law Sentencing Domestic Abuse Intentional Strangulation

Case Brief

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Parties

Rex

Respondent

Alfie Cook

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Proper approach to sentencing for intentional strangulation under section 75A of the Serious Crime Act 2015
  2. 2 Application of Sentencing Council guidelines in absence of specific guideline for the offence
  3. 3 Assessment of aggravating and mitigating factors

Ratio Decidendi

The proper approach to sentencing intentional strangulation is to start at 18 months' custody, uplifted for aggravating factors such as offending while on bail, history of violence, presence of a child, attack in victim's home, and abuse of power; mitigating factors include age and efforts at rehabilitation. The judge's sentence was not manifestly excessive and was, if anything, lenient.

Court Disposition

appeal dismissed

Orders

  • Sentence of 15 months' imprisonment quashed and substituted with 15 months' detention in a young offender institution